A proposal that would prevent some migrants from requesting asylum in the United States and enable the government to deport them quickly was released by the Biden administration on Tuesday. Immigration advocates have already sharply criticized the proposal, which is a component of the administration’s efforts to control the influx of migrants at the U.S.-Mexico border.
The new regulation, which was implemented by the Department of Homeland Security (DHS), will prevent some migrants who enter the country by land from asking claims for asylum if they have not already done so in a country they have transited through in- route to the United States.
Unless they meet certain criteria, the idea would rule out asylum for migrants who do not use legal channels to enter the United States or who do not request humanitarian protection in a nation they have already gone through.
The Biden administration’s characterization of the proposed rule as a reasonable regulation of asylum rights has been mocked by immigrant rights activists, who instead make disparaging analogies to the Trump administration’s transit ban.
According to Rep. Lou Correa (D-Calif.), the top Democrat on the House Border Security Subcommittee, “this action will prevent deserving asylum seekers arriving at the U.S.-Mexico border from claiming asylum if they passed through another country in route to the United States without seeking protection.”
The rules are meant to “cut out the smugglers wanting to make a quick buck off vulnerable people,” according to a Homeland Security Department official who spoke on the condition that their identity not be published.
The Department of Homeland Security published its summary in its Executive Office for Immigration Review: The Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) are issuing a notice of proposed rulemaking (“NPRM” or “proposed rule”) in anticipation of a potential surge of migration at the southwest border (“SWB”) of the United States following the eventual termination of the Centers for Disease Control and Prevention’s (“CDC”) public health Order. The proposed rule would encourage migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. It would do so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel.
In the absence of such a measure, which would be implemented on a temporary basis, the number of migrants expected to travel without This document is scheduled to be published in the Federal Register on 02/23/2023 and available online at federalregister.gov/d/2023-03718, and on govinfo.gov authorization to the United States is expected to increase significantly, to a level that risks undermining the Departments’ continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances. Coupled with an expansion of lawful, safe, and orderly pathways into the United States, the Departments expect the proposed rule to lead to a reduction in the numbers of migrants who seek to cross the SWB without authorization to enter, thereby reducing the reliance by migrants on dangerous human smuggling networks, protecting against extreme overcrowding in border facilities, and helping to ensure that the processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner.
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President Joe Biden promises to “finish the job” in his State of the Union address
